radar Health Law Scan

Legal Insights and Perspectives for the Healthcare Industry
In Part 2 of a two-part Morgan Lewis series for Bloomberg Law on the proposed Stark Law and anti-kickback statute (AKS) rules, Kathleen McDermott, Matt Hogan, and Jacob Harper examine the safe harbors and exceptions aimed at empowering patients to manage their healthcare.
The US House of Representatives unanimously voted to approve HR 647, the Palliative Care and Hospice Education and Training Act (PCHETA), on October 28.
With bipartisan bills introduced in both the US House of Representatives and the US Senate on October 30, Congress appears ready to expand access to telehealth benefits for Medicare beneficiaries. The Creating Opportunities Now for Necessary and Effective Care Technologies for Health Act of 2019 (CONNECT Act) may eliminate significant barriers Medicare beneficiaries currently face in accessing and utilizing telemedicine.
The Office of the Inspector General and the Centers for Medicare and Medicaid Services recently published a pair of proposed rules aimed at encouraging the adoption of value-based payment and care.
The FTC announced on October 21, 2019, that its Commissioners voted 5–0 in support of issuing orders requesting information from five health insurance companies and two health systems to study the effects of Certificate of Public Advantage laws (COPAs) on price, quality, access, and innovation in the healthcare sector.
We invite you to join us on Wednesday, October 30, for Part 1 of our two-part Fast Break: Regulatory Sprint webinar.
Our global employment and immigration team recently issued alerts on decisions that affect the healthcare industry.
The US Food and Drug Administration (FDA) recently issued new draft guidance on clinical decision support (CDS) software that revamps the agency’s interpretation of the 21st Century Cures Act and proposes new policies of enforcement discretion for some categories of CDS software.

Traditionally a month of beginnings and endings, September is when we transition from the idle warmth of long summer days to the heightened activity of a chilled and busy autumn. For Health Law Scan, September was notable for our analysis of the US Court of Appeals for the Eleventh Circuit’s decision in United States v. Aseracare, which found that mere differences of clinical opinion cannot be fraud under the False Claims Act.

We invite you to join us on Thursday, October 17, for an overview discussion about federal rulemaking, including procedural and de facto changes under the current administration. In this A–Z of Federal Rulemaking webinar, Susan Harthill, Jonathan Snare, and Timothy Lynch will discuss the impact of participating in federal rulemaking, how to get involved, the roles of the Office of Management and Budget and Office of Information and Regulatory Affairs, and more.